High CourtsSingle Bench

Prajith C.V vs State Of Kerala

High Court Of Kerala · Decided on 19 July 2024 · Citation: (2024) 07 KL CK 0094

HON’BLE JUDGES
A. Badharudeen, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 482 · Indian Penal Code, 1860 — Section 323, 498A
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition No. 9125 Of 2023
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Judgment

8 paragraphs · 273 words

A. Badharudeen, J

1.

This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash Annexure A1 FIR and Annexure A2 Final Report and all further proceedings in C.C.No.239/2023 on the files of the Judicial First Class Magistrate Court-II, Palakkad, arose out of crime No.559/2022 of Mankara Police Station, Palakkad. The petitioners are accused Nos.1 to 3 in the above crime.

2.

Heard the learned counsel for the petitioners, the learned counsel appearing for the de facto complainant and the learned Public Prosecutor.

3.

In this matter, offences punishable under Sections 498A and 323 of IPC are alleged to have been committed by the accused. The complainant is none other than the wife of the 1st petitioner.

4.

It is submitted that the matter has been amicably settled and the de facto complainant filed affidavit in this regard in a case involving matrimonial dispute.

5.

The learned Public Prosecutor also submitted that the matter has been settled between the parties and statement of the de facto complainant to that effect has been recorded.

6.

Since the dispute has been settled in between husband and wife, there is no reason to disallow the prayer for quashment, so as to facilitate peaceful living of the parties hereinafter. Therefore, in the interest of justice, I am inclined to allow this petition.

In the result, this petition stands allowed. Annexure A1 FIR and Annexure A2 Final Report and all further proceedings in C.C.No.239/2023 on the files of the Judicial First Class Magistrate Court-II, Palakkad, arose out of crime No.559/2022 of Mankara Police Station, Palakkad against the petitioners stand quashed.